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Garnish Social Security Income for Child Support

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Mattruiz

Guest
My ex wife and I have been legally separated for 8 years. I have legal custody of our children.

I want her to start paying child support. Her only income is social security, which she gets because she is supposedly “Manic Depressive.”

Also, since I told her that I want her to pay child support she has threatened to go to court and fight (again) for custody of our childen. I have a child support order (from 1993) stating that she's suppose to pay me child support which she never has. This was before she was labeled “Manic Depressive.”

Can wages from Social Security income be garnished for child support?

If she's “Manic Depressive” and supposedly can't work, she doesn't have a chance to gain custody of our childen, correct?

Thank you for your time

Matt
Orange County, California
 


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LisaJane25

Guest
Dear Mattruiz,
Here may be some good news for you. If your ex get Social Security Disability, a monthly check should come to your child. It's a small check but it beats nothing. However if she only gets Social Security Insurance then there is no means of getting support. I know this because my husband is disabled and gets SSD and both of his children recieve monthly benefits sent from Social Security. The name of the benefit is Social Security for Dependant Children. It is automatically deducted and sent directly to you for your child. The difference between SSD and SSI is weather or not you ex has worked and worked long enough to pay Social Security, if she has not then she gets SSI. I suggest you do this, contact Social Security they have a 800 number if you don't have a local branch in your town. Explain that your ex is getting benefits and you were wondering about support for dependant children. They should be able to tell you on the phone if your child qualifies. Hope this helps! Here is something else you may be interested in, I also am manic depressive and it really is a horrible disorder. I can't work because of it either. You look like everyone else but you don't feel like everyone else. It's difficult to explain to some one who doesn't suffer. So, please go easy on those of us who suffer from this. We all aren't crazy, we just don't think and feel the same. That doesn't make us out cast or stupid.

[Edited by LisaJane25 on 02-16-2001 at 10:48 PM]
 
M

Mattruiz

Guest
Regarding the “Manic Depression.”

Believe me I know and understand what you are saying. I have gone easy on her because of this, but there comes a time when she has to be held accountable for her actions and stop using the illness as an excuse for all her flaws.
 
L

LisaJane25

Guest
Dear Mattruiz,
I fully agree and understand your point of view. just because she has the manic depression doesn't mean she shouldn't be responsible for her actions. She is after all a grown adult and should be held accountable. Her disorder should not be used as a crutch or excuse. I just ment that I hope you don't think all of us suffering with Manic Depression are like her. I was not excusing her actions. Speaking from the point of view of some one who has this disorder, I would like to say that it does mess up your thinking process at times, causing you to say and do things that aren't quite in the "norm". I know I've made a few of these mistakes my self. However I have always held my self accountable for my mistakes.
I recently saw a case similar to yours on that TV show "Divorce Court". Since the spouse that got the disability was not paying support, The judge ordered the guy to pay 25% of his social security income to custiodal parent. So, perhaps all is not lost for you just yet. Keep trying. Check into getting the support from her in court. I hope my in sight has helped you if so please let me know.

[Edited by LisaJane25 on 02-23-2001 at 04:05 PM]
 

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